April 2008

April 30, 2008

Public Meetings for New NCLB Regs Announced

Secretary of Education Spellings announced in the Federal Register (73 FR 22020) a series of upcoming public meetings to discuss proposed changes to regulations for Title I underNo Child Left Behind (NCLB). The meetings will be held at the following dates, times and locations:

Wednesday, May 14, 2008 
Hilton Boston Back Bay Hotel 
40 Dalton Street 
Boston, MA 02115 
Time:  9 a.m. - noon and 2 - 5 p.m.
Meeting Room:  Fenway Room

Thursday, May 15, 2008 
Georgia Perimeter College, Dunwoody Campus 
2101 Womack Road 
Dunwoody, GA 30338 
Time:  9 a.m. - noon and 2 - 5 p.m.
Meeting Room:  Auditorium, C1100, North Campus

Monday, May 19, 2008 
Sheraton Kansas City Sports Complex Hotel 
9103 East 39th Street 
Kansas City, MO 64133 
Time:  9 a.m. - noon and 2 - 5 p.m. EDT 
Meeting Room:  Royal Ballroom

Thursday, May 22, 2008 
W Hotel 
1112 4th Avenue 
Seattle, WA 98101 
Time: 9 a.m. - noon and 2 - 5 p.m. EDT 
Meeting Room:  Great Room 1

A copy of the proposed regulations is available at http://www.ed.gov/policy/elsec/reg/proposal/index.html.

The department is accepting public comments on the proposal through June 23, 2008. 

April 29, 2008

CMS Issues Medicaid Integrity Guidance

On April 28, 2008, the Centers for Medicare & Medicaid Services (CMS) released a letter and guidance to state Medicaid directors concerning the Medicaid Integrity Program (MIP). The letter is consistent with provisions of Section 6034 of the Deficit Reduction Act of 2005, which established the MIP and related CMS responsibilities. These responsibilities include contracting with entities that will audit provider claims and identify overpayments and providing effective assistance to states to combat provider fraud and abuse. This provision also requires that states comply with any requirements determined by the secretary of Health and Human Services to be necessary for carrying out the MIP.

April 24, 2008

House Passes Delay  in Medicaid Regulations

Yesterday, the House passed the Medicaid Safety Net of 2008 (H.R. 5613). The bill would place a moratorium on seven Medicaid rules through April 1, 2009. Senator Rockefeller has introduced similar bipartisan legislation (S. 2819), which along with placing the rules in moratorium would delay an August 17, 2007 directive concerning eligibility levels for the State Children's Health Insurance Program (SCHIP). The bill also includes economic stimulus provisions for targeted increases in the Federal Medical Assistance Percentage (FMAP). Some senators have objected to delaying implementation and instead are calling for Congress to consider the underlying issues raised by the regulations.

April 23, 2008

House to Vote on Medicaid Regs Today

A roll-call vote is scheduled in the House today for H.R. 5613, which would delay implementation of seven Medicaid regulations until April 1, 2009. According to the Congressional Budget Office (CBO), the cost of delaying the regulations is $1.7 billion over five years. The cost would be partially offset by requiring states to implement electronic asset verification systems that determine Medicaid beneficiaries' eligibility for the program. The administration has issued a statement of administration policy indicating the president would veto H.R. 5613 in its current form.

The CBO cost estimate is available at www.cbo.gov/ftpdocs/91xx/doc9157/hr5613.pdf and the Statement of Administration can be viewed at www.whitehouse.gov/omb/legislative/sap/110-2/saphr5613-h.pdf.

Education Department Releases NCLB Regulations

On Tuesday, Secretary of Education Spellings announced proposed regulations to amend No Child Left Behind (NCLB) on a series of issues, including assessment, accountability, public report of NAEP data, public school choice, supplemental services and a common high school graduation rate. The department is accepting comments on the proposed rule until June 23, 2008. To view the proposed rule and a series of fact sheets, go to www.ed.gov/policy/elsec/reg/proposal/index.html.

April 21, 2008

Farm Bill Extended

On Friday, President Bush signed a one-week extension of the farm bill. The new extension expires April 25.

GAO Faults August 2007 SCHIP Letter

The Government Accountability Office (GAO) says that the Centers for Medicare & Medicaid Services (CMS) violated the Congressional Review Act when it sent a letter to states on August 17, 2007, implementing changes to the State Children's Health Insurance Program (SCHIP). According to GAO, CMS did not have the authority to issue the guidance to states in the form of a letter. Instead, CMS should have submitted the rulemaking to Congress and the Comptroller General before it could take effect. In response, Senate Finance Committee members Rockefeller and Snowe, who requested the GAO opinion, called on the administration to rescind the directive.

A copy of the GAO ruling is attached.

CMS Announced Long-Term Care Grant Funding

On April 18, CMS announced the availability of $13 million in federal grant funding to continue to support state efforts in long-term care reform. Approximately $8 million is available in Real Choice Systems Change Grant funding and $5 million for Aging and Disability Resource Center/Area Agencies on Aging grants. Applications are due July 17, 2008. More information is available at www.cms.hhs.gov/newfreedominitiative/emailupdates/ItemDetail.aspItemID=CMS1209903.

April 18, 2008

House Passes Student Loan Bill

Yesterday, the House passed H.R. 5715, a bill intended to ensure student access to federally backed loans this fall. It would raise the limits on how much students can borrow, give parents the option to defer repayment on PLUS loans until up to six months after their children leave school, provide temporary authority to the Department of Education to purchase student loans from lenders and clarify that the Secretary of Education has the authority to advance funds to guaranty agencies operating as lenders of last resort.

The administration released a Statement of Administration Policy indicating its support for the House bill but requesting that the education secretary's authority to designate "lenders of last resort" be temporary. It also expressed concern that increasing student loan limits may cause some institutions to run afoul of the "90-10" rule, which stipulates that colleges receive at least 10% of their revenues from non-federal sources in order to participate in the federal student-aid program.

Senate Approves SAFETEA-LU Corrections

The Senate yesterday passed a substitute to H.R. 1195, a bill that makes corrections to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The bill: provides flexibility to states to change the minimum penalty for repeat intoxicated drivers, changes the minimum apportionment for Section 402 highway safety programs from .5% to .75% (see FFIS Issue Brief 08-21) and repeals the authority to locate idling reduction facilities on interstate system rights-of-way. The House passed similar legislation in March 2007.

House Committee Passes UI Extension

The House Ways and Means Committee passed H.R. 5749,  which would provide an immediate extension of unemployment insurance (UI) benefits nationwide. The legislation would provide up to 13 weeks of extended unemployment benefits in every state and provide an additional 13 weeks in states with an unemployment rate of 6% or higher. The extended benefits program would be in effect until January 2009.

CMS Awards Primary Care, ER Grants

The Centers for Medicare & Medicaid Services (CMS) has awarded grants to 20 states to help improve access to primary medical care and reduce the use of emergency room services among Medicaid beneficiaries for non-emergency purposes. The $50 million was approved in the Deficit Reduction Act of 2005. More information on the grants, including the grant proposals and the amount each program will receive, can be found at www.cms.hhs.gov/GrantsAlternaNonEmergServ/.

April 17, 2008

House Committee Approves Delay in Medicaid Regs

Yesterday, the House Energy and Commerce Committee approved H.R. 5163, which would delay implementation of seven Medicaid regulations through April 1, 2009. To date, the Senate has not scheduled consideration of pending legislation to delay the regulations.

April 16, 2008

Medicaid Moratorium Legislation Introduced

Today, the House Energy and Commerce Committee is scheduled to mark-up H.R. 5613, a bill to delay implementation of seven Medicaid regulations. Attached is the legislative language and a list explaining the changes that Chairman Dingell plans to offer as an amendment. In addition, yesterday HHS Secretary Leavitt sent a letter to Dingell and Congressman Barton reiterating the administration's opposition to moratoria on the regulations and its specific concern with provisions of H.R. 5613. The letter states senior administration advisors would recommend a veto if the bill were sent to the president in its current form.

April 15, 2008

Health Care Quality

The following press release from the Agency for Health Care Research and Quality provides a link to a good listing of recent health care innovations and tools.

http://www.ahrq.gov/news/press/pr2008/innovationspr.htm

April 4, 2008

REAL ID Grant Accord Reached 

Yesterday, a working group of governors formed by the Department of Homeland Security (DHS) reached agreement on how the REAL ID grant funds will be distributed. The agreement would allow DHS to award a portion of the funds to begin development of a "hub" system while allocating the remaining funds to all states. To be eligible for funds, a state must submit an application to DHS before the end of the day on April4. DHS has developed a short-form application for states that have not previously submitted an application. States that have already submitted an application for REAL ID grants need not reapply. Offices with questions about the grant process are encouraged to contact Frank LePage at DHS at 202-786-9643. 

April 1, 2008

CMS to Issue Proposed Rule

The Centers for Medicare & Medicaid Services (CMS) announced that it will publish a Notice of Proposed Rule Making (NPRM) regarding state plan options for home and community-based services in the Federal Register on April 4, 2008. Comments will be accepted through June 3, 2008. The NPRM is based on provisions of the Deficit Reduction Act of 2005, which gave states a new option to provide home- and community-based services to Medicaid beneficiaries without applying for a demonstration waiver. The proposed rule is available at http://www.cms.hhs.gov/MedicaidGenInfo/Downloads/CMS2249P.pdf.